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2009 Supreme(Del) 946

ANIL KUMAR
Master Rahul Seth (Minor) – Appellant
Versus
Mount Carmel School – Respondent


Advocates appeared:
Mr.Ashok Agarwal, Advocate
Mr.K.K.Rai, Sr.Advocate with Mr.S.K.Pandey, Advocate

JUDEGEMNT

ANIL KUMAR, J. (ORAL)

The petitioner seeks direction for quashing the impugned letters dated 27th July, 2009 and 30th July, 2009 and to direct the respondent no.1 to allow the petitioner to join the classes and direction to respondent No.2 to take action against the respondent no.1 school. The petitioner was suspended for one month on account of persistent violation of dress code of wearing belt on the hips in an indecent manner. The father of the petitioner was given show cause notice and asked to give a personal assurance in writing that the disobedience will not be done by his son. Instead of showing remorse and counseling his son, the father of the petitioner threatened the Principal of the school and also called an SI of the police to the school and threatened with registration of a criminal case leading to indefinite suspension of the petitioner. The father of the petitioner, therefore, had filed a suit for perpetual/permanent injunction under Section 38 of the Specific Relief Act, 1963 seeking direction to take back the letter of suspension dated 27th July, 2009 and to declare the suspension illegal. The suit of the plaintiff/petitioner was contested by the scho






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